Campbell v. R. Steele & Co.
Supreme Court of Pennsylvania
Error to the District Court of Allegheny. Sept. 5. This was an action on the case, by R. Steele & Co. against William H. Campbell, James Thomson, Scudder Hart, Samuel Smith, and John Smith, owners of the steamboat “ Norfolk,” for goods sold and delivered. The writ was served on all the defendants except William H. Campbell and Samuel Smith. The death of John Smith was suggested, and the jury was sworn only as to Thompson and Hart.
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Error to the District Court of Allegheny. Sept. 5. This was an action on the case, by R. Steele & Co. against William H. Campbell, James Thomson, Scudder Hart, Samuel Smith, and John Smith, owners of the steamboat “ Norfolk,” for goods sold and delivered. The writ was served on all the defendants except William H. Campbell and Samuel Smith. The death of John Smith was suggested, and the jury was sworn only as to Thompson and Hart. The plaintiff gave evidence to sustain his account. The defendants offered in evidence a copy of the record of an action in the Commercial Court of New Orleans,…
1Opinion of the Court
The opinion of this court was delivered by
Rogers, J.
A judgment in foreign attachment, aifecting to bind not only the property attached, but the persons of defendants, not citizens of the state, or within its precincts at the time, is to be treated as a nullity by a court in another state which is called on to enforce it by action, even though it would bind the persons of defendants in the courts and by the laws of the state in which it was rendered. This is ruled in Smith v. Steele, reported in 7 W. & S. 447. In cases of foreign attachment, says the Chief Justice (speaking in reference to the…
2Cases cited1 opinion
- Steel v. SmithSupreme Court of Pennsylvania · 1844
3Cited by3 opinions
- Field v. Layton & Layton, Inc.Court of Chancery of Delaware · 1928
- Lucas v. Vulcan Iron WorksDistrict Court, M.D. Pennsylvania · 1916
- Bailey v. City of New Castle, Pennsylvania Court of Common Pleas, Lawrence County1937